67th Legislature SB 299.1
1 SENATE BILL NO. 299
2 INTRODUCED BY K. REGIER
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING PRIMARY ELECTION LAWS;
5 REQUIRING AN ELECTOR TO DECLARE A POLITICAL PARTY AFFILIATION OR THAT THE ELECTOR IS
6 INDEPENDENT OF A PARTY WHEN REGISTERING TO VOTE OR UPDATING A REGISTRATION;
7 SPECIFYING HOW AND WHEN A REGISTERED ELECTOR MAY CHANGE PARTY AFFILIATION;
8 PROHIBITING AN INDEPENDENT ELECTOR FROM RECEIVING A PARTY BALLOT IN A PRIMARY
9 ELECTION; REQUIRING THE SECRETARY OF STATE TO REVISE AND CREATE CERTAIN FORMS;
10 REQUIRING ELECTION ADMINISTRATORS TO UPDATE VOTER REGISTRATION LISTS; AMENDING
11 SECTIONS 13-2-110, 13-2-115, 13-2-116, 13-2-122, 13-2-207, 13-2-220, 13-10-209, 13-10-301, 13-10-305,
12 13-13-214, 13-17-103, AND 13-19-205, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN
13 APPLICABILITY DATE.”
14
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
16
17 NEW SECTION. Section 1. Change of party affiliation information after registration. (1) An
18 elector registered before [the effective date of this act] must be considered to be registered as an independent
19 unless a change of party affiliation form is filed by the elector as provided in subsection (2).
20 (2) A registered elector may change party affiliation or independent status by completing and
21 returning to the election administrator a change of party affiliation form prescribed by the secretary of state
22 pursuant to 13-1-202.
23
24 Section 2. Section 13-2-110, MCA, is amended to read:
25 "13-2-110. Application for voter registration -- sufficiency and verification of information --
26 identifiers assigned for voting purposes. (1) An individual may apply for voter registration in person or by
27 mail, postage paid, by completing and signing the standard application form for voter registration provided for in
28 13-1-210 and providing the application to the election administrator in the county in which the elector resides.
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1 (2) Each application for voter registration must be accepted and processed as provided in rules
2 adopted under 13-2-109.
3 (3) Except as provided in subsection (4):
4 (a) an applicant for voter registration shall provide the applicant's Montana driver's license number; or
5 (b) if the applicant does not have a Montana driver's license, the applicant shall provide the last four
6 digits of the applicant's social security number.
7 (4) (a) If an applicant does not have a Montana driver's license or social security number, the
8 applicant shall provide as an alternative form of identification:
9 (i) a current and valid photo identification, including but not limited to a school district or
10 postsecondary education photo identification or a tribal photo identification, with the individual's name; or
11 (ii) a current utility bill, bank statement, paycheck, government check, or other government document
12 that shows the individual's name and current address.
13 (b) The alternative form of identification must be:
14 (i) an original version presented to the election administrator if the applicant is applying in person; or
15 (ii) a copy of any of the required documents, which must be enclosed with the application, if the
16 applicant is applying by mail.
17 (5) An applicant shall declare on the registration form the applicant's party affiliation or that the
18 applicant is independent of any political party. If the applicant does not declare a party affiliation or that the
19 applicant is independent, the election administrator shall designate the elector as an independent.
20 (5)(6) (a) If information provided on an application for voter registration is sufficient to be accepted
21 and processed and is verified pursuant to rules adopted under 13-2-109, the election administrator shall
22 register the elector as a legally registered elector.
23 (b) If information provided on an application for voter registration was sufficient to be accepted but the
24 applicant failed to provide the information required in subsection (3) or (4) or if the information provided was
25 incorrect or insufficient to verify the individual's identity or eligibility to vote, the election administrator shall
26 register the applicant as a provisionally registered elector.
27 (6)(7) Each applicant for voter registration must be notified of the elector's registration status pursuant
28 to rules adopted under 13-2-109.
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1 (7)(8) The secretary of state shall assign to each elector whose application was accepted a unique
2 identification number for voting purposes and shall establish a statewide uniform method to allow the secretary
3 of state and local election officials to distinguish legally registered electors from provisionally registered
4 electors.
5 (8)(9) The provisions of this section may not be interpreted to conflict with voter registration
6 accomplished under 13-2-221, 13-21-221, and 61-5-107 and as provided for in federal law."
7
8 Section 3. Section 13-2-115, MCA, is amended to read:
9 "13-2-115. Certification of statewide voter registration list -- local lists to be prepared. (1) No
10 later than 5 working days after the deadline prescribed in 13-2-301(3), election administrators shall enter all
11 voter registration applications that were submitted within the deadline for regular registration into the statewide
12 voter registration system.
13 (2) The secretary of state shall certify the official statewide voter registration list by utilizing the
14 information in the statewide voter registration system.
15 (3) Each election administrator shall have printed from the certified statewide voter registration
16 system lists of all registered electors in each precinct in the county. Except as provided in subsections (6) and
17 (7), names the name of electors each elector must be listed alphabetically, with their the elector's party
18 affiliation or independent status and the elector's residence address or with a mailing address if located where
19 street numbers are not used.
20 (4) A copy of the list of registered electors in a precinct must be displayed at the precinct's polling
21 place. Extra copies of the lists must be retained by the election administrator and furnished to an elector upon
22 request.
23 (5) Lists of registered electors need not be printed if the election will not be held.
24 (6) If a law enforcement officer or reserve officer, as defined in 7-32-201, requests in writing that, for
25 security reasons, the officer's and the officer's spouse's residential address, if the same as the officer's, not be
26 disclosed, the secretary of state or an election administrator may not include the address on any generally
27 available list of registered electors but may list only the electors' names.
28 (7) (a) Upon the request of an individual, the secretary of state or an election administrator may not
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1 include the individual's residential address on any generally available list of registered electors but may list only
2 the elector's name if the individual:
3 (i) proves to the election administrator, as provided in subsection (7)(b), that the individual, or a minor
4 in the custody of the individual, has been the victim of partner or family member assault, stalking, custodial
5 interference, or other offense involving bodily harm or threat of bodily harm to the individual or minor; or
6 (ii) proves to the election administrator, as provided in subsection (7)(c), that a temporary restraining
7 order or injunction has been issued by a judge or magistrate to restrain another person's access to the
8 individual or minor.
9 (b) Proof of the victimization is conclusive upon exhibition to the election administrator of a criminal
10 judgment, information and judgment, or affidavit of a county attorney clearly indicating the conviction and the
11 identity of the victim.
12 (c) Proof of the issuance of a temporary restraining order or injunction is conclusive upon exhibition to
13 the election administrator of the temporary restraining order or injunction."
14
15 Section 4. Section 13-2-116, MCA, is amended to read:
16 "13-2-116. Precinct register. (1) Except for mail ballot elections conducted under Title 13, chapter
17 19, the election administrator shall prepare from the certified statewide voter registration list a precinct register
18 for each precinct in the county for use by the election judges. The register may be prepared no sooner than the
19 Friday before each election and must contain an alphabetical list of the names, with addresses party affiliation
20 or independent status, and the, addresses of the legally registered electors and or provisionally registered
21 electors, a space spaces for the signature signatures of the elector electors, and other information as
22 prescribed by the secretary of state.
23 (2) If some of the electors in a precinct are not eligible to receive all ballots at an election because of
24 a combination of the elections of more than one political subdivision, the election administrator shall distinguish
25 the names of those eligible for each ballot by whatever method will be clear and efficient.
26 (3) When several precincts have been combined at one polling place for an election, the election
27 administrator may combine the electors from all precincts into one register or may provide separate registers for
28 each precinct.
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1 (4) Precinct registers need not be printed if the election will not be held."
2
3 Section 5. Section 13-2-122, MCA, is amended to read:
4 "13-2-122. Charges for registers, elector lists, and mailing labels made available to public. (1)
5 Except as provided in subsection (2), upon request, the secretary of state shall furnish to any individual, for
6 noncommercial use, available extracts and reports from the statewide voter registration system. Upon request,
7 a local election administrator shall furnish to an individual, for noncommercial use, a copy of the official precinct
8 registers, a current list of legally registered electors, mailing labels for registered electors, or other available
9 extracts and reports. Upon delivery, the secretary of state or the local election administrator may collect a
10 charge not to exceed the actual cost of the register, list, mailing labels, or available extracts and reports.
11 (2) For an elector whose address information is protected from general distribution under 13-2-115(6)
12 or (7), the secretary of state or a local election administrator may not include the elector's residential address on
13 any register, list, mailing labels, or available extracts and reports but may list only the elector's name and party
14 affiliation or independent status."
15
16 Section 6. Section 13-2-207, MCA, is amended to read:
17 "13-2-207. Confirmation of registration. (1) The election administrator shall give or mail to each
18 elector a notice, confirming registration and party affiliation or independent status, and giving the location of the
19 elector's polling place. A notice sent to an elector to whom the notice is not personally given must be sent by
20 nonforwardable, first-class mail, which must conform to postal regulations to ensure address corrections are
21 received.
22 (2) If the notice confirming registration is returned as undeliverable, the election administrator shall
23 investigate the reason for the return of any mailed notices and mail a confirmation notice to the elector. The
24 notice must conform to postal regulations to ensure return, not forwarding, of undelivered notices."
25
26 Section 7. Section 13-2-220, MCA, is amended to read:
27 "13-2-220. Maintenance of active and inactive voter registration lists for elections -- rules by
28 secretary of state. (1) The rules adopted by the secretary of state under 13-2-108 must include the following
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1 procedures, at least one of which an election administrator shall follow in every odd-numbered year:
2 (a) compare the entire list of registered electors against the national change of address files and
3 provide appropriate confirmation notice to those individuals whose addresses have apparently changed;
4 (b) mail a nonforwardable, first-class, "return if undeliverable--address correction requested" notice to
5 all registered electors of each jurisdiction to confirm their addresses and party affiliation or independent status,
6 and provide the appropriate confirmation notice to those individuals who return the notices;
7 (c) mail a targeted mailing to electors who failed to vote in the preceding federal general election,
8 applicants who failed to provide required information on registration forms, and provisionally registered electors
9 by:
10 (i) sending the list of nonvoters a nonforwardable notice, followed by the appropriate forwardable
11 confirmation notice to those electors who appear to have moved from their addresses of record;
12 (ii) comparing the list of nonvoters against the national change of address files, followed by the
13 appropriate confirmation notices to those electors who appear to have moved from their addresses of record;
14 (iii) sending forwardable confirmation notices; or
15 (iv) making a door-to-door canvass.
16 (2) An individual who submits an application for an absentee ballot for a federal general election or
17 who completes and returns the address confirmation notice specified in 13-13-212(4) during the calendar year
18 in which a federal general election is held is not subject to the procedure in subsection (1)(c) unless the
19 individual's ballot for a federal general election is returned as undeliverable and the election administrator is not
20 able to contact the elector through the most expedient means available to resolve the issue.
21 (3) Any notices returned as undeliverable to the election administrator or any notices to which the
22 elector fails to respond after the election administrator uses the procedures provided in subsection (1) must be
23 followed within 30 days by an appropriate confirmation notice that is a forwardable, first-class, postage-paid,
24 self-addressed, return notice. If the elector fails to respond within 30 days of the final confirmation notice, after
25 the 30th day, the election administrator shall move the elector to the inactive list.
26 (4) A procedure used by an election administrator pursuant to this section must be completed at least
27 90 days before a primary or general election for federal office.
28 (5) An elector's registration may be reactivated pursuant to 13-2-222 or may be canceled pursuant to
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1 13-2-402."
2
3 Section 8. Section 13-10-209, MCA, is amended to read:
4 "13-10-209. Arrangement and preparing of primary ballots. (1) (a) Ballots for a primary election
5 must be arranged and prepared in the same manner and number as provided in chapter 12 for general election
6 ballots, except that there must be separate ballots for each political party entitled to participate. The name of
7 the political party must appear at the top of the separate ballot for that party and need not appear with each
8 candidate's name.
9 (b) Nonpartisan offices and ballot issues may be prepared on separate ballots or may appear on the
10 same ballot as partisan offices if:
11 (i) each section is clearly identified as separate; and
12 (ii) the nonpartisan offices and ballot issues appear on each party's ballot.
13 (2) Except as provided in subs